Living Wills in Arizona
- Anyone in Arizona can create a living will as long as all the requirements are met. The person creating the will, called the testator, must be an adult and must create the living will in writing. The living will must use language that clearly indicates that the person intends to create a living will, and he must sign and date the document. The testator must also ensure the living will is signed by a competent witness or a public notary.
- Arizona Revised Statutes section 36-3204 states that healthcare providers must comply with the terms of a patient's living will. Any physician or healthcare provider who relies upon a living will to provide or deny treatment is protected from civil and criminal liability. If a physician is unwilling to perform as directed by a living will, that physician must arrange for transfer of the patient to a physician who is willing to comply with the provisions of the living will.
- Anyone who creates a living will has the right to revoke it at any time, according to Arizona Revised Statutes section 36-3202. The testator can revoke a living will in one of four ways: by creating a written document specifically revoking the living will, by telling an attending physician or other healthcare provider that the living will is revoked, by completing a new living will or by performing any act that clearly indicates he wants the living will revoked.
- Arizona law also allows citizens to create a healthcare surrogate, also called a healthcare power of attorney, apart from or in addition to a living will. Arizona Revised Statutes section 36-3221 states that any adult can grant another person healthcare power of attorney. This person, known as the surrogate or the attorney-in-fact, can make medical decisions on behalf of the person if he becomes incapacitated.